Fact Sheet on Obtaining and Using Employee Medical Information
as Part of Emergency Evacuation Procedures

The Americans with Disabilities Act (ADA) Amendments Act of 2008 was signed into law on September 25, 2008 and becomes effective January 1, 2009. Because this law makes several significant changes, including changes to the definition of the term "disability," the EEOC will be evaluating the impact of these changes on this document and other publications. See the list of specific changes to the ADA made by the ADA Amendments Act.

Introduction

In light of recent events, many employers are developing or
re-evaluating emergency procedures to ensure the safe evacuation of
all employees. A comprehensive emergency evacuation plan should
provide for prompt and effective assistance to individuals whose
medical conditions may necessitate it. Many employers have asked
how the Americans with Disabilities Act (ADA) and the
Rehabilitation Act affect their ability to achieve this goal.(1) Specifically, employers have asked
whether they may request information to help identify individuals
who might need assistance because of a medical condition and
whether they can share this information with others in the
workplace. As the following questions and answers demonstrate,
federal disability discrimination laws do not prevent employers
from obtaining and appropriately using information necessary for a
comprehensive emergency evacuation plan.(2)

May an employer ask employees whether they will require
assistance in the event of an evacuation because of a disability or
medical condition?

Yes. Some employees may need assistance because of medical
conditions that are not visually apparent. Others may have obvious
disabilities or medical conditions but may not need assistance.
Employers, therefore, are allowed to ask employees to self-identify
if they will require assistance because of a disability or medical
condition.

How may an employer identify individuals who may
require assistance?

There are three ways that an employer may obtain
information:

After making a job offer, but before employment begins, an
employer may ask all individuals whether they will need assistance
during an emergency.

An employer also may periodically survey all of its current
employees to determine whether they will require assistance in an
emergency, as long as the employer makes it clear that
self-identification is voluntary and explains the purpose for
requesting the information.

Finally, whether an employer periodically surveys all employees
or not, it may ask employees with known disabilities if they will
require assistance in the event of an emergency. An employer should
not assume, however, that everyone with an obvious disability will
need assistance during an evacuation. For example, many individuals
who are blind may prefer to walk down stairs unassisted. People
with disabilities are generally in the best position to assess
their particular needs.

An employer should inform all individuals who are asked about
their need for emergency assistance that the information they
provide will be kept confidential and shared only with those who
have responsibilities under the emergency evacuation plan.
(See Question 4 below.)

May an employer specifically ask what type of
assistance will be needed?

Yes. An employer may ask individuals who indicate a need for
assistance because of a medical condition to describe the type of
assistance they think will be needed. One way that this can be done
is by giving all employees a memo with an attached form requesting
information. The employer also may have a follow-up conversation
with an individual when necessary to obtain more detailed
information. For example, it would be important for an employer to
know whether someone who uses a wheelchair because of mobility
limitations is able to walk independently, with or without the use
of crutches or a cane, in an emergency situation. It also would be
important for an employer to know if an individual will need any
special medication, equipment, or device (e.g., an
assisted wheelchair carrier strap or a mask because of a
respiratory condition) in the event of an emergency. Of course, an
employer is entitled only to the information necessary for it to be
prepared to provide assistance. This means that, in most instances,
it will be unnecessary for an employer to know the details of an
individual's medical condition.

Who is allowed to have information about employees
needing assistance in an emergency?

The ADA has provisions that require employers to keep medical
information about applicants and employees confidential. These
provisions, however, include an exception that allows an employer
to share medical information with first aid and safety personnel.
This exception would allow an employer to share information about
the type of assistance an individual needs in the event of an
evacuation with medical professionals, emergency coordinators,
floor captains, colleagues who have volunteered to act as
"buddies," building security officers who need to confirm that
everyone has been evacuated, and other non-medical personnel who
are responsible for ensuring safe evacuation. These individuals are
entitled to the information necessary to fulfill their
responsibilities under the employer's emergency evacuation
plan.

1.The ADA applies to private employers with
fifteen or more employees and to state and local government
employers. The Rehabilitation Act applies to most federal
employers, and its substantive requirements are the same as those
that apply to employers covered by the ADA.

2.The Commission previously has issued more
detailed guidance on related issues concerning disability-related
inquiries and medical examinations of applicants and employees.
See Enforcement Guidance: Preemployment Disability-Related
Questions and Medical Examinations Under the Americans with
Disabilities Act of 1990 (October 10, 1995) and Enforcement
Guidance: Disability-Related Inquiries and Medical Examinations of
Employees Under the Americans with Disabilities Act (ADA) (July 27,
2000). These and other guidances are available on this web
site.

More information on emergency preparedness for employees with
disabilities can be found on the President's New Freedom Initiative
Disability Direct web site http://www.disabilities.gov/
and on the Job Accommodation Network's web site at http://www.jan.wvu.edu/.